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,~1 orm A'AC•QZA DEPARTMF.v tr A4ENCY NUMB~R ~ <br />~ ~' ~~( o ZS.~ 3 a-o a~ <br />,, CUNTNACT R ~NG NUMRER <br />$231,000 <br />CONTRACT <br />ist APril ~y 8$y.+,db~..KO~tx <br />'nits CONTR~CT, msde ~his day ot , Natural Resources <br />State of Colorado for the uu and benefit oi the De artmenl of ' <br />(Colorado Water Conservation ~oard), <br />hereinafter referred to as the ~tafe, and '~ T e Clt o anon t <br />Box 711, Canon City, Colora o <br />hercinafter referred to as the conlnetor, <br />WHEREAS, authotity exists in ihe Law fnd Funds have been budg~ted, ~ppropri~ted and othe made <br />available and a cuffieient uneneumbercd balance thercot remains avaiJabie for p~ment in Fund Number~~ <br />G,L Accnunt Nu ~ 5 350X Contract Encumb Nu be 3-'~r snd <br />ABL Accoun~ um er; Org. Unit ~/~-7'~ 7 , <br />WHEREAS, requircd approval, clearance and eoordin~tion has been aceomplished from and with ~ppropriafe <br />agencies; and <br />WHEREAS, pursuant to the provisions of Section 37-60-119, <br />Colorado Revised Statutes, 1973, as amended, the State is authorized <br />to construct certain water projects for the benefit of the people <br />of the States and <br />WAEREAS, the Contractor is a city in the State of Colorado and <br />wishes to improve its present water treatment and distribution <br />system, for the Canon City community in Fremont County. Colorado, <br />at an estimated cost of Five Aundred Ninety Thousand Dollars <br />($590,000), said improvements are hereinafter referred to as the <br />'project'f and <br />WFIEREAS, a feasibility invest ~~ the project was conducted <br />and it was found that such a pr~ject is mically feasiblet and <br />wHEREAS, the State has a ~~ the project and to <br />sell the same to the Contr~~ on mutually agreeable terms and <br />conditions, subject to the availability of funding f or that purposet <br />and <br />WflEREAS, pursuant to Senate Bill No. 439, Fi~ty-Third General <br />Assembly of the State of Colorado, duly enacted into law, the <br />Colorado Water Conservation Board has been authorized to eapend <br />a sum not to esceed Two Aundred and Ten Thousand Dollars (5210,000) <br />foc construction of the project; and <br />WHEREAS, it was determined that a ten percent increase (108) <br />to the Two Aundred and Ten Thousand Dollars (5210-000) is justified <br />by reason of ordinary fluctuations in the construction costs as <br />indicated by the engineering cost indices applicable for this <br />project; <br />NOW, THEREFORE, it is mutually agreed by the parties: <br />A. That the f ollowing definitions shall apply to this agreement: <br />l. The term 'project' means the improvementa to the water <br />treatment and distribution system of the City of Canon City, <br />constructed 3n part with the monies which are the subject of this <br />agreement as more f ully specified in a contract between the City <br />of Canon City and its prime contractor, Summit Constructors of <br />Denver, Colorado; <br />2. The term 'project facilities' means those portions of the <br />water treatment system of the City of Canon City, specified in Sub- <br />paragraphs S.a. through 5.f., inclusive, of this agreement. <br />3. The term 'water system' means the water treatment and <br />distribution system of the City of Canon City. <br />g. The Contractor agrees that it shall: <br />1. Employ an engineering firm to prepare project plans and <br />specifications for the proposed project. Both the engineering firm <br />and the project plans and specifications shall be approved by the <br />State. <br />Page 1 of 9 <br />